AB 121, as amended, Dickinson. Counties: disposition of real property.
Existing law authorizes the board of supervisors of a county to sell or lease any real property belonging to the county, as specified, provided that the board complies with certain procedural requirements. Existing law authorizes the board to enter into a lease, concession, or managerial contract involving county owned, leased, or managed property for specified purposes, without otherwise complying with the existing procedural requirements.
This bill would additionally authorize the Sacramento County Board of Supervisors to sell or enter into a lease, concession, or managerial contract involving a specified area of county property that the county has acquired from the federal government due to the closure of Mather Air Force Base or McClellan Air Force Base, without complying with the existing procedural requirements referenced above, in accordance with conditions prescribed in the bill. The bill, in a similar manner, would additionally authorize the County of Merced, by a 4⁄5 vote of the board of supervisors, to sell a specified area of county property that the county has acquired from the federal government due to the closure of Castle Air Force Base. The bill would prohibit the provisions for each county from being construed to release the county from complying with specified postcompliance provisions relating to redevelopment successor agencies, if the relevant property is located in a former redevelopment area.
This bill would make legislative findings and declarations as to the necessity of a special statute for those counties relative to the disposition by each county of the above-described properties.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Sectionbegin delete 25536.3end deletebegin insert 25536.8end insert is added to the 2Government Code, to read:
(a) In addition to the authority provided for in Section
525536, and in accordance with subdivision (b), the Sacramento
6County Board of Supervisors, by a four-fifths vote of the board,
7may sell, or enter into a lease, concession, or managerial contract
8involving a specified area of county property that the county has
9acquired from the federal government due to the closure of Mather
10Air Force Base or McClellan Air Force Base, without otherwise
11complying with this article.
12(b) The board shall take
an action specified in subdivision (a)
13only if the following conditions are met, or if the board makes a
14finding in a noticed public hearing that the following conditions
15were met at the time the property was acquired from the federal
16government:
17(1) Reuse of the property is governed solely by the county.
18(2) The county has prepared and adopted a general or specific
19plan pursuant to Article 5 (commencing with Section 65300) of
20Chapter 3 of Division 1 of Title 7 and has adopted a zoning
21ordinance for the area, and the proposed use is consistent with that
22general or specific plan and the zoning ordinance.
P3 1(3) The airport land use commission has prepared and adopted
2a comprehensive airport land use plan for the area
pursuant to
3Article 3.5 (commencing with Section 21670) of Chapter 4 of Part
41 of Division 9 of the Public Utilities Code, and the proposed use
5is consistent with that plan.
6(4) The county has complied with Article 8 (commencing with
7Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, and
8Section 65402 with regard to the property, as provided in Section
925350.1.
10(5) The county has given notice pursuant to Section 6062a and
11posted the notice in the office of the county clerk. The notice shall
12specify the date that the board determines that any of the affected
13property shall be subject to this section, and shall include all of
14the following:
15(A) A description of the property proposed to be sold, leased,
16or
subject to a concession or managerial contract pursuant to this
17section.
18(B) The proposed terms of the sale, lease, concession, or
19managerial contract.
20(C) The location where offers will be accepted and executed.
21(D) The telephone number and address of the county officer
22responsible for executing the sale, lease, concession, or managerial
23contract.
24(c) This section shall not be construed to release the County of
25Sacramento from complying with Chapter 9 (commencing with
26Section 34191.1) of Part 1.85 of Division 24 of the Health and
27Safety Code, if the property is located in a former redevelopment
28
area.
Sectionbegin delete 25536.4end deletebegin insert 25536.9end insert is added to the Government
30Code, to read:
(a) In addition to the authority provided for in Section
3325536, and in accordance with subdivision (b), the County of
34Merced, by a four-fifths vote of the board of supervisors, may sell
35a specified area of county property that the county has acquired
36from the federal government due to the closure of Castle Air Force
37Base, without otherwise complying with this article.
38(b) The board shall take an action specified in subdivision (a)
39only if the following conditions are met, or if the board makes a
40
finding in a noticed public hearing that the following conditions
P4 1were met at the time the property was acquired from the federal
2government:
3(1) Reuse of the property is governed solely by the county.
4(2) The county has prepared and adopted a general or specific
5plan pursuant to Article 5 (commencing with Section 65300) of
6Chapter 3 of Division 1 of Title 7 and has adopted a zoning
7ordinance for the area, and the proposed use is consistent with that
8general or specific plan and the zoning ordinance.
9(3) The airport land use commission has prepared and adopted
10a comprehensive airport land use plan for the area pursuant to
11Article 3.5 (commencing with Section 21670) of Chapter 4 of Part
121 of Division 9 of the Public
Utilities Code, and the proposed use
13is consistent with that plan.
14(4) The county has complied with Article 8 (commencing with
15Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, and
16Section 65402 with regard to the property, as provided in Section
1725350.1.
18(5) The county has given notice pursuant to Section 6062a and
19posted the notice in the office of the county clerk. The notice shall
20specify the date that the board determines that any of the affected
21property shall be subject to this section, and shall include all of
22the following:
23(A) A description of the property proposed to bebegin delete sold, leased, begin insert
soldend insert pursuant to
24or subject to a concession or managerial contractend delete
25this section.
26(B) The proposed terms of thebegin delete sale, lease, concession, or begin insert sale.end insert
27managerial contract.end delete
28(C) The location where offers will be accepted and executed.
29(D) The telephone number and address of the county officer
30responsible for executing thebegin delete sale, lease, concession, or managerial
31
contract.end delete
32(c) This section shall not be construed to release the County of
33Merced from complying with Chapter 9 (commencing with Section
3434191.1) of Part 1.85 of Division 24 of the Health and Safety Code,
35if the property is located in a former redevelopment area.
The Legislature finds and declares that a special law
37is necessary and that a general law cannot be made applicable
38within the meaning of Section 16 of Article IV of the California
39Constitution because of the unique needs of the County of
40Sacramento and the County of Merced relative to the disposition
P5 1of the properties acquired from the federal government by those
2counties pursuant to the closure of Mather Air Force Base and
3McClellan Air Force Base in Sacramento County and Castle Air
4Force Base in Merced County.
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95